NEMI KUMAR JAIN, HUF,JAIPUR vs. ITO, WARD-1(2), JAIPUR

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ITA 241/JPR/2020Status: DisposedITAT Jaipur24 June 2021AY 2014-153 pages

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Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR

Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 241/JP/2020

For Appellant: Shri Tanuj Agrawal (Adv.) jktLo dh vksj ls@
Hearing: 24/06/2021Pronounced: 24/06/2021

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 241/JP/2020 fu/kZkj.k o"kZ@Assessment Year : 2014-15 cuke Shri Nemi Kumar Jain, HUF, The ITO, Vs. 1563, Singhi Ji Ka Gali, Ward-1(2), Chaura Rasta, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. AACHN 5801 Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Tanuj Agrawal (Adv.) jktLo dh vksj ls@ Revenue by : Smt. Monisha Choudhary (JCIT) lquokbZ dh rkjh[k@ Date of Hearing : 24/06/2021 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 24/06/2021 vkns'k@ ORDER PER: SANDEEP GOSAIN, J.M. The present appeal has been filed by the assessee against the order of CIT(A)-1, Jaipur dated 07.01.2020 for the assessment year 2014-15. 2. Hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 pandemic.

ITA No. 241/JP/2020 Shri Nemi Kumar Jain HUF vs. ITO

3.

The ld. Counsel for the assessee furnished application for

withdrawal of this appeal. The contention in the said application reads

as under:-

“Hon’ble Sirs,

Most respectfully, your honours are requested to permit for withdrawal of appeal as appellant has opted for Vivad Se Vishwas Scheme.

From No. 3 has already been issued, however, tax rate was wrongly applied by the income tax department @ 125% of search assessment instead of 100% of non search case, CBDT has recently issued circular No. 4/2021 dated 23.03.2021 resolving the controversy. In view of the aforesaid CBDT circular, the appellant has requested the ld. PCIT to reissue the corrected Form No. 3.

In the aforesaid circumstances, the appellant humbly requests you’r honours to kindly permit the appellant to withdraw the present appeal.

With warm regards,

Tanuj Agarwal, Advocate”

4.

The ld. DR has raised no objection if the appeal of the assessee is

allowed to be withdrawn.

5.

Therefore, in view of the fact that the assessee has already

approached the department to settle the matter under “Vivad Se

ITA No. 241/JP/2020 Shri Nemi Kumar Jain HUF vs. ITO Vishwas Scheme”, we permit the assessee to withdraw this appeal. Accordingly, the appeal of the assessee is dismissed as withdrawn. 6. In the result, this appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 24/06/2021.

Sd/- Sd/- ¼lanhi xkslkbZ½ ¼foØe flag ;kno½ (Vikram Singh Yadav) (Sandeep Gosain) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 24/06/2021. *Santosh. आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. vihykFkhZ@The Appellant- Shri Nemi Kumar Jain, HUF, Jaipur. 2. izR;FkhZ@ The Respondent- ITO, Ward-1(2), Jaipur. 3. vk;dj vk;qDr@ CIT 4. vk;dj vk;qDr@ CIT(A) 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत. 6. xkMZ QkbZy@ Guard File {ITA No. 241/JP/2020} vkns'kkuqlkj@ By order,

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